Human Resources Academy II for Community College Districts

C. S UBSTITUTE OR “A CTING ” A DMINISTRATORS Districts are permitted to appoint administrators, without application of sections 72411(b) and (c), to fill positions on a temporary basis. Educational administrators assigned on a temporary basis must still be employed by assignment or contract, pursuant to section 72411(a). However, districts have greater flexibility to release acting administrators. This section largely addresses district needs to quickly fill administrative vacancies during a search for a permanent hire. D. D ISCIPLINE AND D ISMISSAL OF A DMINISTRATORS Education Code section 72411.5 regulates the discipline and dismissal of administrators during the term of their contract. Administrators without tenure as faculty members may be disciplined or dismissed for cause in accordance with the terms of the appointment or contract. However, the dismissal of, and imposition of penalties for cause on, an administrator with tenure as a faculty member must comply with the provisions applicable to faculty members. 96 Finally, as noted above, section 72411(a) permits, but does not require, that non-educational administrators be employed by assignment or contract. Section 72411.5 further provides that, where an administrator is not employed by assignment or contract, he or she serves in the administrative assignment at the pleasure of the governing board.

Case law regarding dismissal of administrators:

Entezampour v. North Orange County Community College Dist. (2010) 190 Cal.App.4th 832 In July 2003, plaintiff Mohammad Entezampour was hired by defendant North Orange County Community College District (the District), as dean of the science, engineering, and mathematics division at Cypress College. In February 2007, Entezampour was notified that the District would not be renewing his employment as dean for the following academic year. He sought to exercise the right “to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated,” upon the satisfaction of statutorily enumerated conditions under section 87458. The district refused and Entezamapour filed a writ of mandate compelling the district to reassign him. The court found that an administrator has the right to reassignment to a first- year probationary faculty member position if the administrator (1) is employed in an administrative position that is not part of the classified service; (2) has not previously acquired tenured status as a faculty member in the same district; (3) is not under contract in a program or project to perform services conducted under contract with public or private agencies, or in other categorically funded projects of indeterminate duration; (4) has completed at least two years of satisfactory service, including any time previously served as a faculty member, in the district, and the termination of his or her administrative assignment was for any reason other than dismissal for cause; and (5) had a first day of paid service in the district as a faculty member or an administrator on or after July 1,

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